Well, let's be honest here. People fear gay marriage, not that it might come about via judicial fiat. That's just the current whipping horse because that's how it happened first, for some broad values of judicial fiat of course. There was a recent post here about rights granted gays by their state legislature, Oregon I think, and a group jumped in and forced the law on hold via a petition drive. So it really isn't the means by which gays get equality that upsets some folks, it's the equality itself. "judicial fiat" is just a phrase people can use so they can avoid stating their true motives, preventing gays from being treated as equals.
Label: Non-Sarcastic